HomeMy Public PortalAboutordinance 02:16 (Ordinance
]ouncilman Presents the £ollowinaOrdinance Seconded by Councilman
AN ORDINANCE AMENDING AND SUPPLEMENTING
ORDINANCE NO. 00-22, CREATING CHAPTER 183 OF THE C..,0DE OF
THE BOROUGH OF CARTERET AND ESTABLISHING AN, OPEN
SPACE TRUST FUND
WHEREAS, on June 1,2000, the governing body of the Borough of
Carteret (the "Borough") adopted Ordinance No. 00-22 establishing an
Open Space Trust Fund as authorized pursuant to N.J.S.A. 40:12-15.1 et
seq.; and
WHEREAS, pursuant to Section 183-2A of the Ordinance, the Carteret
Open Space Trust Fund is to be funded through the dedication to the fund
of an amount of one cent ($0.01) per one hundred dollars ($100.00) of
assessed valuation of each annual tax levy commencing with the year
2001; and
WHEREAS, pursuant to the provisions of Section 183-2B of the
Ordinance, the purposes for which the funds accumulated within the trust
fund could be utilized are exclusively restricted to the acquisition of land
or development rights in land for active or passive recreation; and
WHEREAS, as required by N.J.S.A. 40:12-15.7, the governing body
submitted to the voters of the Borough in the 2000 General Election a
proposition authorizing the imposition of the annual tax levy rate for the
purposes set forth in Ordinance No. 00-22; and
WHEREAS, at the November 7, 2000 General Election a majority of the
voters of the Borough approved the proposition authorizing the amount of
the levy for the purposes specified therein; and
WHEREAS, as a result of voter approval of said proposition, the
provisions of Ordinance No. 00-22, creating Chapter 183 of the Code of
the Borough of Carteret and establishing the Carteret Open Space Trust
Fund became effective and was implemented on January 1,2001; and
WHEREAS, the governing body has since been advised that the funds
accumulated within the Open Space Trust Fund cannot be fully utilized as
intended to include improvements to and maintenance of park land and
other recreational facilities throughout the Borough because of the
restrictions placed on the use of the funds by Ordinance No. 00-22 as
approved by the voters to only the acquisition of land or development
rights in land; and
BO. 02-16 l'aO~--2 .........
WHEREAS, the governing body has determined that a significant number
of projects to improve the quality of the Borough's parks and create and
expand recreational opportunities for all of the Borough's residents could
be funded through the Open Space Trust Fund if the same was amended
to expand the purposes for which the fund could be utilized as authorized
by N.J.S.A. 40:12-15.7.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the
Borough of Carteret, County of Middlesex, State of New Jersey that
Ordinance No. 00-22, creating Chapter 183 of the Code of the Borough of
Carteret and establishing the Carteret Open Space Dedication Fund shall
be amended and supplemented as follows:
Section 1. Section 183-2. Funding; Utilization of Funds shall be
deleted in its entirety and replaced with the following:
A. The Carteret Open Space Trust Fund shall be funded
through the dedication to the fund of the amount raised through an annual
tax rate levy of two cents ($0.02) per one hundred dollars ($100.00) of
assessed valuation commencing with the year 2003 and thereafter. The
fund shall be permitted to accept additional donations and testamentary
bequests.
B. Any and all funds accumulated within the Trust Fund
from the date of its original inception as approved by the voters on
November 7, 2000, and thereafter may be utilized for any or all of the
following purposes, or any combination thereof, as authorized by N.J.S.A.
40:12-15.7 and as determined by the governing body:
(1) acquisition of lands for recreation ar~conservation
purposes;
(2) development of lands acquired for recreation and
conservation purposes;
(3) maintenance of lands acquired for recreation and
conservation purposes;
(4) historic preservation of historic properties,
structures, facilities, sites, areas, or objects, the
acquisition of such properties, structures, facilities,
sites, areas, or objects for historic preservation
purposes; or
(5) payment of debt service on indebtedness issued
or incurred by the Borough for any of the purposes
set forth in subparagraphs (1), (2) or (4) of this
paragraph.
NO. ~2-1fl PAGE 3
C. The amount of funds raised by the annual levy may be
allocated to any of respective purposes specified in paragraph B above,
as determined by the governing body after conducting at least one public
hearing thereon.
Section 2. The Municipal Clerk is hereby authorized and directed to
have submitted to the voters of the Borough in the general election next
following the adoption of this amendatory Ordinance a proposition
amending and supplementing the proposition previously submitted and
approved by the voters. The Municipal Clerk is to have the amending and
supplementing proposition required by this amendatory Ordinance and the
provisions of N.J.S.A. 40:12-15.7(d) submitted to the voters as separate
and independent public questions authorizing (1) the additional purposes
provided for pursuant to Section 183-2B herein, and/or (2) the change in
the amount of the tax rate levy set forth in Section 183-2A herein. Should
the voters only approve one portion of the proposition, then only that
portion shall be implemented as provided for by this amendatory
Ordinance. Should the voters approve neither portion of the proposition,
then the provisions of Ordinance No. 00-22 shall remain as previously
approved.
Section 3. The Mayor and Municipal Clerk are hereby authorized to
execute such documents as may be required for the provisions of this
Ordinance to be submitted to the voters of the Borough as a public
question.
Section 4. The parts, or part, of this amendatory Ordinance that are/is
approved by the voters at the next general election shall be implemented
effective January 1,2003.
Section 5. All Ordinances and/or provisions thereof inconsistent with
the provision of this Ordinance shall be and are hereby repealed as to the
extent of any such inconsistencies.
Section 6. If any section, subsection, part, clause or phrase of this
Ordinance shall be declared invalid by judgment of any Court of
competent jurisdiction, the section, subsection, part, clause of phrase shall
be deemed to be sever able from the remainder of this Ordinance.
Section 7. The provisions of this Ordinance that do not require voter
approval shall take effect upon passage and publication according to
applicable law.
DO NOT USE SPACE BELOW THIS LINE
RECORD OF COUNCIL VOTE
COUNCILMAN YES NO NV I A.B. COUNCILMAN YES NO NV A.B.
-~PSkRiS~ X SANTORO X
REIMAN X SOHAYDA X
RIOS X SOSNOI~SKI X
X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
* 4opted on first reading of the Council of the Borough of Carteret, N.J., on _ JOLY 1.$ ~ 2002
-mlopted on second reading after hearing on AUGUST 15, 2__002
AP. OW Y
Affidavit of Publication
Publisher's Fee $142.56 Affidavit Char§e $17.00
_ate of New Jersey } ss.
MIDDLESEX COUNTY
Personally appeared PAT HENEGHAN
0f the Home News Tribune, a newspaper printed In Freehold, NJ and published In NEPTUNE, In said
County and State, and of general clrculatl0n In said county, who being duly sworn, deposeth and salth
that the advertisement of which the annexed Is a true copy, has been published In the said newspaper
1 (ONE) times, once In each Issue, as follows
7/23/02.
- -~'~ A.D,, 2002 Sw~orn
NOTARY ~'I:)F NEW~
and subscribed b~re me this
~) ~ ~_ ~ 23rd day of July, A.D., 2002
N0t~ ~lic 0f New Jersey
~UGH OF C~TER~ ~ The Carteret Open Space Trust Fund shall be
~ funded throu h the dedication to the fund of the
amount raise~ through an annual tax rate levy of
OROI~NCE~02-16 two cents ($0.02) per one hundred dollars
AN ORDINANCE AMENDING AND SUPPLEMENT- ($1~,00) of assessed valuation commencing with
lNG ORDINANCE NO. 0~ CRATING CHAPTER the ~ear 2003 and therea tar The fund shall be
1~ OF THE CODE OF TH~ BOROUGH OF CAR- permitted to accept additional donations and testa-
TENET AND ESTABLISHING AN OPEN BPACE mentary bequests.
~U~T FUNO B. Any and all funds accumulated within the Trust
WHEREAS, on June 1, 2~, the governing body of Fund from the date of its original ince tion as
the Borough of Carteret (the "Borough") adopted approved by the voters on November 7 2~ and
Ordinance No. ~22 establishin an Open S ace thereafter may be utilized for any or' all o{ the
Trust Fund as authorized pursua~ to N,J.S~ 4~ 12- following purposes, or an combination thereof, as
15.] et seq.; and authorized by N.J.SA. 40:~2-15.7 and as determ ned
WHEREAS, ursuant to Section 183-2A of the Ordi- by the governing body:
nance, the ~arteret Open Space Trust Fund is to be (1) acquisition of lands for recreation and conser-
~nded through the dedication to the fund of an vabon purposes;
amount of one cent ($0.01 pe one hundred doUars (2) development of lands acquired for recreation
$]~.00 of assessed valuation o each annual tax end conservation purposes;
le commencing with the year 2001' and
W~EREAS, pursuant to the provisions of Section (3) maintenance of lands acquired for recreation
and conservation purposes;
~83-2B of the Ordinance, the urposes for which (4) structures, facilities, sites areas, or objects,
the funds accumulated within t~e trust fund could historic preservatio~ of historic propertes
be utilized are exclusively restricted to the acquisi the acquisition of such pr~pert es, structures,
tion of land or development rights n and or act ve fac t es, sites, areas, or objects for historic
or assive recreation; and preservaton urposes' or
W~REAS, as required by NJ.SA 40 ]2-]5.7 the (53 payment of ~bt service on indebtedness is-
overning body ~ubmitted ~o the ?oters o~ the sued or incurred by the Borough for any of
~orou~h in the 2000 General Election a proposition the purposes set forth in subparag aphs (1),
authorlzin the imposition of the annual tax levy (2) or (4) of this paragra h.
rate for t~e purposes set forth in Ordinance No. C. The amount of funds rmse~by the annual levy
0~22; and may be allocated to any of resp~tve put.sas
WHEREAS, at the November 7, 20~ General E~ec- s ecifled in paragraph B above, as determ ned by
tion a majority of the voters of the Borough a~ t~ ~overnin& body after conducting at east one
proved the proposition authorizin the amount of ublic hearing thereon.
the levy for the purposes specifie~therein and
~ection 2. The Municipal Clerk Is hereby authorized
WHEREAS, as a result of voter approval of said and directed to have submitted to the voters of the
proposition, the provisions of Ordinance No. 00-22,
Borough in the general election next follow ng the
creating Chapter 183 of the Code of the Borough of adoption of this amendatory Ordinance a pro.si
Carteret and establishing the Carteret Open Space tion amendin and supplementin~ the propos t on
Trust Fund became effective and was implemented previously su~mRted and approved by the voters.
on January 1, 2001; and ~e Municipal Clerk is to have the amend ng and
WHEREAS, the overning body has s nee been ad- supplementing proposition required by this amen-
vised t~t the ~nds accumulated within the Open datory Ordinance and the provisions of NJ.SA.
~:~2-15.7(d submitted to the voters as separate
and independent public questions authorizing (])
Space ~ st Fund cannot be fully utilized as intend
ed tc de improvements to and maintenance of
park and other recreational facilities through the additional urposes provided for pursuant to
out th~0rough because of the restrictions placed Section ]83-2~herein, and/or (2) the change n
on the use of the funds by Ordinance No. 00-22 as the amuunt of the tax rate levy set forth in Section
approved by the voters to on y the acqu s t on of ]83-2A herein. Should the voters only a prove one
land or development rights in land and portion of the proposition then
WHEREAS, the ~overnin body has determ ned that shall be im lamented as provided for by this amen-
a significant number ~ prolects o m rove the datory Ordnance Should the voters approve
quality o the Borough's parks and c~ate end ther portion of the proposR on then the provisions
of Ordinance NO 00-22 shall ~emain as previously
expand recreational opportunities for all of the
Borou h's residents could be funded through the approved
Open ~pace Trust Fund if the same was amended Section 3. The Mayor end Municipal Clerk are
to expand the purposes for wh ch the fund could be hereb authorized to execute such documents as
utilized es authorized b N.J.S~ 40:12-~5.7. may ~e required for the provisions of th s Ord -
NOW, THEREFORE, BE ~T ORDAINED by the Mayor nance to be s~bmitted to the voters of the Borough
a~d Council of the Borough of Carteret County o as a public uestion
Midd[esex, State of New Jersey that Ordinance Section 4 T~e parts, or part, of this amendatory
No.00-22, creating Chapter ]83 of the Code of the Ordinance that are/is approved by the vo ers at
Borou h of Carteret and estabiishing the Carteret the next general election shall be implemented
Open ~pace Dedication Fund shabe amended and effective January [ 2003
supplemented as foltows: Sect on 5 All Ordinances and/or provisions thereof
Section ] Section ~83 2. Fundin Ut zaton o inconsistent with the provision of this Ordinance
Funds shall be deleted in its en r~y and replaced
shall be and are hereby repealed as to the extent of
hrase of this Ordinance shall be declared invalid
~y judgment of any Court of competent jurisdiction,
Section 7. The provisions of this Ordinance that do
passage and publicatPiioPn according to applicable law.
J~J~y ~O02 when it was adopted on First Read-
ing, ~ said ordinance will be further considered
on Second Readin for final adoption at a meeting
of said Council ~ the Borough of Carteret on
Au ust 15, 2002 at ap~roximatel, 7:30 P.M., Munic-
ip~ Court/Police Facility, 230 ~oosevelt Avenue
~e heard.
KATHLEEN M. BARNEY
Certified Municipal Clerk
15142.56) 82619
(Pa~e 2 of #826~9 )
Affidavit of Publication
Publisher's Fee $16.72 Affidavit Charge $17.00
---ate of New Jersey } ss. ~ %
MIDDLESEX COUNTY
Personally appeared PAT HENEGHAN
of the [--Ioz~e lq'ews '1'rlbur~e, a newspaper printed in Freehold, NJ and published In NEPTUNE, In said
County and State, and of general c[rculaUon in said county, who being duly sworn, deposeth and salth
that the advertisement of which the annexed Is a true copy, has been published tn the said newspaper
1 ~O#E) times, once In each Issue, as follows
8/20/02.
MY COMMISSION EXP. IRES OCT. 2, 2005
20th day of August, A.D., 2002
Notary Public of New Jersey
~ BOROUGH OF ~RTERET
c.~T,.~ o.^.TE. ~83 _o_~ :r...~ ~CsO?~E~&.'